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Articles 1 - 19 of 19
Full-Text Articles in Comparative and Foreign Law
Nutrition And Hydration In Pvs Individuals: The Cruzan, Bland And Englaro Cases, Charles Baron
Nutrition And Hydration In Pvs Individuals: The Cruzan, Bland And Englaro Cases, Charles Baron
Charles H. Baron
No abstract provided.
Regulating Bioethics With Judge-Made Law: The American Experience, Charles Baron
Regulating Bioethics With Judge-Made Law: The American Experience, Charles Baron
Charles H. Baron
No abstract provided.
The Protection Of Women And Children In Islamic Law And International Humanitarian Law: A Critique Of John Kelsay”, Hamdard Islamicus, Xxv (3) (July-September 2002), Pp. 69-82, Muhammad Munir Dr.
The Protection Of Women And Children In Islamic Law And International Humanitarian Law: A Critique Of John Kelsay”, Hamdard Islamicus, Xxv (3) (July-September 2002), Pp. 69-82, Muhammad Munir Dr.
Dr. Muhammad Munir
Islam introduced the most humane rules in warfare before other religions or faiths could do it. Most authors acknowledge this fact, however, John Kelsay, Fredrick Donner, and few others doubt Islam's enormous contribution to bring in humanity in warfare. These authors assume that Islam has learned humanitarian principles, such as the principle of distinction, from the pre-Islamic practices; that Imam Al-Shafi'i allowed the killing of all women whether combatant or non-combatant; that even the Prophet Muhammad (peace be upon him) allowed the killing of women and children; and that women and children can be enslaved. This work completely rebuts all …
Constitutionalism As A Political Culture, Annen Junji, Lee H. Rousso
Constitutionalism As A Political Culture, Annen Junji, Lee H. Rousso
Washington International Law Journal
Translator's Forward: These are not happy times in Japan. Its economy, at one time the most dynamic on the planet, has been in the dumps for over a decade. The population is both aging and declining. A "lost generation" of young Japanese has come of age amid diminished, and diminishing, expectations. The government, controlled as always by the Liberal Democratic Party ("LDP"), is rigid, bloated, corrupt, and deeply in debt. And there is no real reason to believe that the next decade will bring improvement in any of these areas. Not surprisingly, as Japan's economic juggernaut has faltered, the tone …
No. 1 - Legal Systems In Transition, Ivana Janu, Josef Bejcek, Gabriel M. Wilner
No. 1 - Legal Systems In Transition, Ivana Janu, Josef Bejcek, Gabriel M. Wilner
Occasional Papers Series
A January 24-28, 2000 visit by Justice Ivana Janu, Dean Josef Bejcek, and some of the Czech colleagues to the Dean Rusk Center and the University of Georgia provided an occasion for the exchange of ideas concerning transition in the legal structure and content in the former Socialist states of central and eastern Europe. Justice Janu and Dean Bejcek prepared papers and agreed to their publication. The availability of these two important papers, one on constitutional courts and the other on transitions in commercial law, rendered to the Rusk Center the necessary impetus for the creation of the Occasional Papers …
Review Of Giving Meaning To Economic, Social, And Cultural Rights, Edited By Isfahan Merali & Valerie Oosterveld, Intisar Rabb Phd
Review Of Giving Meaning To Economic, Social, And Cultural Rights, Edited By Isfahan Merali & Valerie Oosterveld, Intisar Rabb Phd
Intisar A. Rabb
No abstract provided.
Teoría General De La Prueba Judicial, Edward Ivan Cueva
Teoría General De La Prueba Judicial, Edward Ivan Cueva
Edward Ivan Cueva
No abstract provided.
Charter Insights For American Equality Jurisprudence, Stephen F. Ross
Charter Insights For American Equality Jurisprudence, Stephen F. Ross
Journal Articles
Although both the Canadian Charter and the United States Constitutions protect persons from denial of equal protection of the law, the interpretation of the broad language of the two equality guarantees has been quite different. The Supreme Court of Canada has adopted an approach of substantive equality, concluding that section 15 is designed to prevent the loss of human dignity that accompanies discrimination based on disadvantage and stereotype. At least with regard to race, a majority of the justices on the United States Supreme Court adhere to a jurisprudence of formal equality, concluding that the Fifth and Fourteenth Amendments prohibit …
Time For A New Approach? Federalism And Foreign Affairs After "Crosby V. National Foreign Trade Council", James J. Pascoe
Time For A New Approach? Federalism And Foreign Affairs After "Crosby V. National Foreign Trade Council", James J. Pascoe
Vanderbilt Journal of Transnational Law
On June 19, 2000, in Crosby v. National Foreign Trade Council--a much-anticipated decision involving the intersection of federalism and foreign relations--the U.S. Supreme Court struck down a Massachusetts law restricting state purchases from companies doing business in Burma. Crosby represents the Court's first consideration not only of local selective purchasing laws but, more importantly, its first consideration of the sort of subnational sanctions first developed by state and local governments during the anti-apartheid campaign of the 1980's. Thus, Crosby may pose an obstacle to human rights activism by local governments using economic sanctions to punish perceived human-rights offenders.
Because the …
Constitutional Design: Proposals Versus Processes, Donald L. Horowitz
Constitutional Design: Proposals Versus Processes, Donald L. Horowitz
Faculty Scholarship
No abstract provided.
Mohammed And Madison: A Comparison Of The Qur'an And The U.S. Constitution, Joshua White
Mohammed And Madison: A Comparison Of The Qur'an And The U.S. Constitution, Joshua White
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Constitutional Values And The Ethics Of Health Care: A Comparison Of The United States And Germany, William J. Wagner
Constitutional Values And The Ethics Of Health Care: A Comparison Of The United States And Germany, William J. Wagner
Scholarly Articles
In the first section, this essay will consider questions the new era in health care poses for a health-care ethics of ends. The second section will address the question this emerging era raises for a health-care ethics of duty. Under the rubric of an ethics of ends, the essay examines, more particularly, the ends of health and efficiency. Under that of duty, it addresses the duties of respect for the dignity of the human person; respect for the covenant of treatment; and respect for justice in distribution. In each case, it seeks to identify the basis for an adequate response …
The Mote In Thy Brother’S Eye: A Review Of Human Rights As Politics And Idolatry, William M. Carter Jr.
The Mote In Thy Brother’S Eye: A Review Of Human Rights As Politics And Idolatry, William M. Carter Jr.
Articles
Michael Ignatieffs provocatively titled collection of essays, Human Rights As Politics and Idolatry [hereinafter Human Rights], is a careful examination of the theoretical underpinnings and contradictions in the area of human rights. At bottom, both of his primary essays, Human Rights As Politics and Human Rights As Idolatry, make a claim that is perhaps contrary to the instincts of human rights thinkers and activists: namely, that international human rights can best be philosophically justified and effectively applied to the extent that they strive for minimal ism. Human rights activists generally argue for the opposite conclusion: that international human rights be …
Politicization And Judicialization Of The U.S. Chief Executive’S Political And Criminal Responsibility: A Threat To Constitutional Integrity Or A Natural Result Of The Constitution’S Flexibility?, Rett R. Ludwikowski
Scholarly Articles
This article attempts to analyze to what extent the scope of executive privilege, constitutionally committed to the executive branch, is determined by judicial process or by purely political factors. It opens with a brief report on the process of formation of the Presidential model of government and the system of checks and balances in the United States. Focusing on the checks imposed on the Executive, this article distinguishes those restraints that are clearly constitutionalized, or stemming from judicial determination of their constitutionality, and those which are the result of judicial interpretation of the beneficial aspects of public policy or political …
An Introduction To The Federal Constitutional Court, Donald P. Kommers
An Introduction To The Federal Constitutional Court, Donald P. Kommers
Journal Articles
This essay introduces the Federal Constitutional Court, briefly surveying the Court’s legal heritage, the history of its founding, its jurisdiction, and its structure.
Nutrition And Hydration In Pvs Individuals: The Cruzan, Bland And Englaro Cases, Charles Baron
Nutrition And Hydration In Pvs Individuals: The Cruzan, Bland And Englaro Cases, Charles Baron
Charles H. Baron
No abstract provided.
Equity And Efficiency In Markets For Ideas, Richard Adelstein
Equity And Efficiency In Markets For Ideas, Richard Adelstein
Richard Adelstein
Intellectual property and patent protection in light of the AIDS crisis in Africa.
Regulating Bioethics With Judge-Made Law: The American Experience, Charles Baron
Regulating Bioethics With Judge-Made Law: The American Experience, Charles Baron
Charles H. Baron
No abstract provided.
Decisioni Di Vita O Di Morte: Giudici Vs. Legislatori Come Fonti Del Diritto Bioetica, Charles Baron
Decisioni Di Vita O Di Morte: Giudici Vs. Legislatori Come Fonti Del Diritto Bioetica, Charles Baron
Charles H. Baron
No abstract provided.